MEM Direct Buy_JA_Redacted.pdf

Justification & Approval for Other Than Full and Open Competition Template v3.5 (April 2024)

(e) Type of funding.

Procurement, Construction, and Improvements (PC&I)

(f) Year of funding.

Fiscal Year 2025, five-year funds

(g) Solicitation number.

70B03C25R00000121

(h) Background information about the requirement.

CBP, an agency of the Department of Homeland Security (DHS), is responsible for targeting, selecting, and examining cargo deemed high risk for terrorist-related activity, smuggling of contraband, and trade law violation.

The global drug problem is increasing, with trafficking of methamphetamines, heroin, fentanyl, and emerging designer-drug threats (such as benzodiazepines, cannabinoids, cathinones, opioids, and tryptamines) impacting communities worldwide. Law enforcement officials need to quickly identify suspected narcotics in the field to help keep drugs, and drug dealers, off the streets. These inspections take place at controlled ports of entry (POE) and U.S. Border Patrol checkpoints, and are aimed at detecting items prohibited from import into or export from the U.S.

3. Description of Supplies/Services.

Each day CBP officers and Border Patrol agents use a variety of Large Scale (LS) NII equipment such as MEMs.

A medium-energy mobile offers high-quality detection capabilities in a compact mobile configuration. The system uses dual-energy transmission imaging to inspect trucks and cargo containers for weapons, explosives, drugs, and other contraband. The system itself, along with the associated radiation-controlled zone, is smaller than typical high-energy mobile systems, allowing operators to set up scanning areas at congested locations such as USBP Checkpoints.

The fully self-contained system includes all components and capabilities required to scan containers, vehicles, and a wide range of cargo. The system does not require a Commercial Driver’s License (CDL) to operate and can be driven on the open roads. CBP requires a MEM system that can be operated in stationary or drive-through mode and is approved to scan occupied conveyances. MEM systems in the mobile configuration will allow CBP to quickly move the systems to different locations, based on the threat.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 41 U.S.C.

3304(a)(1) implemented by FAR 6.302-1 (FAR Class Deviation 25-11) entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Preparation for this acquisition began with a Request for Information notice published to www.sam.gov as required by FAR 5.301. The RFI sought information from interested vendors that could provide at least twelve (12) Medium Energy Mobile imaging systems (MEM) for the Large Scale (LS) Non-Intrusive Inspection (NII) program and that could meet the requirements provided within the Statement of Work which included system delivery timeframes.

The RFI resulted in two responses from leading vendors in the NII area of expertise. Upon receipt of RFI responses it was discovered that only one vendor’s product could satisfy the Agency’s minimum needs, including the specified delivery schedule. This is the Leidos VACIS® M6500 Medium-Energy Mobile X-Ray Scanning System.

The other vendor’s response to the RFI provided information about alternative systems that it has newly developed in 2025. These systems are not “medium energy mobile” systems meeting the specifications of the SOW. In comparing the responses to the Statement of Work, it was identified that two of the systems do not meet the performance requirements (SOW 3.4.1) to primarily scan cargo conveyances as the system application is reported for use in personally owned vehicles, small trucks and vans. The third system did not meet the independent power source requirement in SOW 3.4.1 (systems shall be delivered with an independent power source/generator). The final system does not meet gross vehicle weight requirements (i.e. shall not exceed 26,001 lbs.) nor the requirement for the radiation control area (no wider than 60 ft. and no longer than 120 ft.).

Leidos has a long history of providing state-of-the-art VACIS non-intrusive inspection (NII) products in various configurations for use by CBP. Since 2000, Leidos has provided over 200 such systems to CBP for use throughout the U.S. Included in this fleet are 100 of the VACIS M6500 mobile systems operated by CBP at various ports of entry (POE) across the U.S. CBP has historically awarded Sole Source contracts to Leidos due to this equipment’s capabilities meeting the agencies’ requirements. Several sites on this order currently operate the Leidos medium energy mobile system. By delivering systems the agency has historically procured and with which ports are familiar, the time needed for training will decrease and will allow the systems to be immediately operational at the port of entry.

The VACIS® M6500 Medium-Energy Mobile X-Ray Scanning System is considered a major system and is a highly specialized piece of equipment. During Market Research and the results of the published RFI, CBP NII can confidently conclude that the agency’s requirements can only be met by the source identified. Without the expedited deployment of these systems, CBP risks adverse effects on the interdiction of illegal contraband and public safety. If these systems are not procured, U.S. CBP officers would have to rely on manual inspections or use less capable technologies. This would dramatically slow the flow of commerce, increase labor costs, and leave potential contraband undetected.

6. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential

Sources as is Practicable.

CBP conducted market research that included a search of the GSA Federal Supply Schedule and the issuance of an RFI on 01/06/2025 via SAM.gov, which resulted in responses from two (2) large vendors, who are leaders in the non-intrusive inspection industry.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on use of one or more applicable techniques described at FAR 15.404-1(b)(2), including reference to prior acquisition history and prices obtained through market research.

8. Description of Market Research.

(a) Describe the market research techniques utilized, the specific results of the market research, the date when the market research was conducted, and how the market research was used by the contracting officer to determine price reasonableness.

Market Research commenced in September 2024. CBP- NII utilized internet research, historical documents, and institutional knowledge to conduct preliminary market research and to develop performance specification requirements. CBP conducted market research that also included a search of the GSA Federal Supply Schedule and the issuance of an RFI on 01/06/2025 via SAM.gov which requested pricing information from interested parties.

(b) Describe the market research results that support the determination that the items are nonavailable.

Not applicable.

(c) If patents, copyrights, and/or intellectual property are applicable to the acquisition, describe the circumstances for acquiring a patented or copyrighted product on the representation of the intellectual property holder that has not been licensed for resale.

This acquisition involves the procurement of proprietary systems and associated materials that are critical to meeting the Government’s operational requirements. The systems to be acquired include hardware, software, and related documentation, such as operator and on January 6, 2025, via SAM.gov. The market research findings informed the development of performance specifications and ensured that the acquisition strategy aligned with CBP’s mission-critical needs. This acquisition does not stem from a lack of planning or the expiration of funds. The funding for this procurement is sourced from Fiscal Year 2025 Procurement, Construction, and Improvements (PC&I) five-year funds, ensuring the availability of resources to support the acquisition.

13. Posting Requirement.

CBP will post this requirement on Sam.gov pursuant to FAR 6.305.

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